The application is filed under Section 439 of the Code of Criminal Procedure, 1973 , by the sole accused in Crime No.1406/2023 of the Chengannur Police Station, Alappuzha, which is registered against him for allegedly committing the offence punishable under Section 302 of the Indian Penal Code . The petitioner was arrested and remanded to judicial custody on 05.12.2023.

2.The essence of the prosecution case is that; on 05.12.2023, at around 15.00 hours, the accused, out of his previous animosity towards her wife named Radhamma (deceased), stabbed her with a knife and committed her murder. Thus, the accused has committed the above offence.

3.Heard; Sri.S. Shanavas Khan, the learned counsel appearing for the petitioner and Sri.C.K.Suresh, the learned Special Senior Public Prosecutor.

4.The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. There is no material to substantiate the petitioner's involvement in the crime. The Investigating Officer has deliberately incorporated Section 302 of the IPC to see that the petitioner is perceptually incarcerated. The peti